Condizioni generali di utilizzo
Please carefully read the following terms and conditions before using this website.
Browsing and use of the website that can be reached at URL www.shoplegor.com (below “Website”) entail full acceptance of these general conditions of use of the Website and of any other particular conditions and legal notes that may be published in the appropriate pages and sections of the Website (“below, overall, “General Conditions”) for use of the individual services and/or contents and/or materials of any type (below “Contents”).
Browsing the Website is equivalent to the user declaring that it has read and accepted these General Conditions of use and/or any other note, legal notice, information notice or disclaimer wherever published on the Website.
The obligations and guarantees specified below are undertaken by the user both on its own account and on behalf of any related third parties authorized by the user to use the Website.
The definition of “Website” also comprises the online presence of the company Legor Group Spa on any social network or platform, present and/or future, where Legor Group SPA undertakes any type of activity and/or relationship with the users on line. Consequently, the user acknowledges and undertakes – within the applicability limits – to observe these General Conditions (in addition to the Guidelines and Regulations imposed by the owner of the social network and/or of the platform involved each time) also when surfing other websites and/or social networks on line in connection with Legor Group SPA.
Use of the Website and the possibility of accessing the Contents and services is subject to acceptance of the General Conditions. If you do not wish to accept said terms and conditions, please do not use the Website and do not download any material from it. Use and/or browsing of the Website are understood as tacit acceptance of these General Conditions.
2. MANDATORY GENERAL INFORMATION
Pursuant to article 7 of the
Legislative Decree of
The Website is the property of the company Legor Group SPA with registered office in Via del Lavoro 1, 36050 Bressanvido (Vi) - taxpayer’s ID and V.A.T. reg. no. IT 00844230284 – Vicenza Business Register – Economic-Administrative Index No. 147954 – Share capital fully paid up 3,000,000€
The following information allows Legor Group Spa to be contacted rapidly and facilitates direct and effective communication, including email address:
Tel. 0444 467911
Fax. 0444 660667
Certified email: firstname.lastname@example.org
3. REGISTRATION. USE OF CONTENTS AND INFORMATION. GUARANTEES AND RESPONSIBILITIES OF THE USER.
Users who wish to use the services offered on the Website shall proceed with registration, i.e. provide Legor Group SPA with their personal data. Anyone who wishes to register is obliged to guarantee that the personal data provided are truthful, correct and updated, undertaking all responsibility concerning the correctness and truthfulness of the information provided. If variations occur in the data provided by the users, it will be the responsibility of the latter to inform Legor Group SPA of the updates as soon as possible and/or proceed, on the basis of the procedures available on the Website, with the updates and additions deemed necessary. If, at registration, a user indicates third party data, it guarantees that, vis-à-vis said third parties, it has complied with all requirements established by the current law on the protection of personal data, undertaking all responsibility for any subsequent objection that may be raised by said third parties with Legor Group SPA concerning the use of their data.
The information and Contents available on the Website can be used free of charge, unless specifically indicated otherwise. The information and the Contents available on the Website are provided purely for information purposes and, unless specifically established otherwise, do not constitute a contract proposal or an offer to the public pursuant to art. 1336 of the Italian Civil Code for the products and/or services described, neither can they be considered binding for any commercial negotiations or relations.
Within the limits of the current applicable laws, and unless specified otherwise on the basis of generally recognized commercial practices, the users recognize that they use the Website at their own exclusive risk. The Website is provided “as is” and “as available”. Legor Group SPA does not offer any specific guarantee concerning the results that are expected, hoped for or obtained via use of the Website.
Within the limits established by article 1229 of the Italian Civil Code, the users declare and guarantee that they will indemnify and hold harmless Legor Group SPA, its representatives, employees, collaborators, associates and partners from any compensation demand, including legal costs, that may be made against them in relation to use of the Website. If the applicable legislation does not permit exemption from liability, the liability of Legor Group SPA shall in any case be restricted to the limits established by law.
Legor Group SPA accepts no liability for any claims made by users relative to the impossibility of using the Website and/or the Contents for any reason. Legor Group SPA may not be deemed defaulting or liable for damages, claims or losses, direct or indirect, sustained by the users due to non-functioning and/or faulty functioning of the electronic equipment of the users or of third parties, including the Internet Service Providers, telephone and/or telematic connections not managed directly by Legor Group SPA or by parties for which Legor Group SPA is answerable, and actions of other users or other persons having access to the web.
Legor Group SPA reserves the right at all times to temporarily or permanently disconnect the Contents (or any part thereof). The user recognises that Legor Group SPA may not in any way be held responsible vis-à-vis the users or third parties for suspension or interruption of the Contents, unless specific additional contract undertakings to the contrary have been agreed with the users.
Any information (text or graphics) relative to the goods and/or services offered on the Website but originating directly from suppliers and/or from other parties connected with Legor Group SPA will not entail any responsibility for the latter, since the individual suppliers undertake sole responsibility for the indications, specifications and descriptions contained therein. Consequently, Legor Group SPA does not accept any liability concerning inaccuracies, graphical errors or explicit or implicit guarantee on the information, contents, marketability and suitability for specific purposes of the data, goods and services of third parties on the Website; however, on request and within the legal limits, it will provide the names, addresses and all other data necessary to identify the supplier of any goods and services offered.
The user undertakes to use the Website and the Contents in a diligent, correct and lawful manner, and in particular, merely by way of non-limiting example, undertakes to abstain:
- from any type of inappropriate use of the Website conflicting with the law, the General Conditions and all the other indications published on the Website, or contrary to morality and decency;
- from any action capable of prejudicing the rights and interests of Legor Group SPA and/or of third parties, including intellectual or industrial property rights, or capable of damaging, deteriorating or preventing in any form normal use of the Website, the information supports or documents, the files and all classes of content stored in it;
- from reproducing, copying, transforming, distributing, making available or disclosing in any other form to other websites or to the public any material and/or information contained in the Website, unless said action has been expressly authorized by Legor Group SPA.
The user accepts that any information or material provided by it to Legor Group SPA by email or other means of communication will not be considered of a confidential nature. By providing said information or materials to Legor Group SPA, the user assigns and transfers fully and free of charge to Legor Group SPA all the intellectual property rights relative to said information and materials (except for cases of prior agreements between the parties and application of the laws on protection of know-how contained in the Legislative Decree 30/2005 and those in general applicable to the safeguarding of industrial and business secrets); within the limits established, Legor Group SPA will therefore be free to use, reproduce, transmit, distribute, modify, assign and grant under licence said information and materials. Without prejudice to the above limits, Legor Group SPA will be free to use all the ideas, concepts, know-how or technical knowledge contained in said information and materials, for any purpose, including the development, production and marketing of products using said information and materials.
Legor Group SPA also accepts no liability for the information (textual or graphic), documents or materials entered in the Website by the users during the use of particular Contents.
The user undertakes not to use the Contents or any other service or function of the Website to:
- upload, publish, send or in any other way transmit or circulate contents that are unlawful, harmful, threatening, abusive, importunate, defamatory and/or slanderous, vulgar, obscene, damaging to other people’s privacy, racist, classist or in any case discreditable;
- cause damage, in any way, to minors;
- falsify its own identity by presenting itself, for example, as a representative of Legor Group SPA, or in any other way tell untruths about its relationship with other parties;
- insert or in any other way manipulate distinguishing marks or indications in order to falsify the origin of content transmitted or circulated via any type of function available on the Website;
- upload, publish, send privately or in any other way transmit or circulate content which the user does not have the right to transmit or circulate pursuant to a legal or contractual provision, or due to a relationship of trust (for example reserved or confidential information, knowledge of which has been obtained as a result of a business relationship or protected by a confidentiality agreement);
- upload, publish, send privately or in any other way transmit or circulate content which entails the infringement of patents, trademarks, secrets, copyright or other industrial and/or intellectual property rights of third parties;
- upload, publish, send privately or in any other way transmit or circulate publicity, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized or unsolicited correspondence;
- upload, affix, send or in any other way transmit or circulate any material containing viruses or other codes, files or programs created to interrupt, destroy or limit operation of the software, hardware or third party telecommunications systems;
- interrupt the normal course of communications or, in any case, act so as to impair the capacity of the other users to use the Website;
- interfere with or interrupt the Contents and/or the servers connected with the Contents;
- intentionally or unintentionally breach any applicable law or regulation;
- pester or in any other way harass third parties;
- gather or store personal data of the other users.
In any case, it is expressly understood that Legor Group SPA, upon the request of the competent authorities, will act immediately to promptly remove said contents, again compatibly with the time required for said operation, revoking the Website access authorization for the user responsible.
Legor Group SPA reserves the right to undertake appropriate action against the users who do not act in full compliance in particular with the provisions of this paragraph.
4. CONNECTIONS TO OR FROM OTHER INTERNET RESOURCES (LINKING)
The Website can offer connections to other websites or to other Internet resources. The user acknowledges and recognizes that Legor Group SPA cannot in any way be held liable for the operation of said websites or external resources.
Hypertext connections to the Website or connections of any other type or connections based on any technology cannot be created without the prior written consent of Legor Group SPA. In any case, the creation of said connections, even where authorized, will not give rise to any liability for Legor Group SPA, it being understood that the latter reserves the right to request the removal of said connections at any time.
Legor Group SPA is not required to check, and in effect does not check, the contents of said websites and accepts no liability for the contents and/or the material, also advertising material, disclosed on said websites or external resources or for the products or services offered therein. Unless established otherwise, said products or services cannot be considered in any way sponsored, shared or supported by Legor Group SPA, and therefore the user undertakes all liability for the use and for any purchases made of said services or products.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and all the Contents thereof are the exclusive property of Legor Group SPA., and/or of its assignors or assignees and/or of third parties where indicated, and are protected by the current national and international laws concerning safeguarding of Intellectual and/or Industrial Property rights.
By the term “Website”, for the purposes of applicability of this paragraph, Legor Group SPA refers to all contents and technical-information elements underlying the Website, including, by way of non-limiting example, the software permitting operation and the relative codes, electronic databases, texts, photographs, press reviews, animations, audio and video files independently of the format, reproduction of brands, logos, trade names of products and/or services, etc., technical solutions adopted, graphics, structure and all other present or future parts.
By the term “Intellectual and Industrial Property Rights” relative to the Website, Legor Group SPA refers to the body of rights recognized and safeguarded by the current national and international laws, including – by way of non-limiting example, in relation to all countries in the world and without any term – all rights arising from patents (including the right to file the relative application), present or future copyrights, trademarks and/or service marks (both registered and used de facto by Legor Group SPA.), brands, trade names, firms, know-how, domain names, databases and all relative applications.
By the term “Materials” Legor Group SPA refers to all the Contents of the Website and to the other contents represented – by way of non-limiting example – by texts, images, graphics, files, software of all types, audio and video materials, virtual animations, multimedial and/or hypertext elements, independently of the formats, the supports containing them, the extension (by way of non-limiting example: mp3, wav, jpg, mpeg, gif, doc, etc.), size, versions in use, and techniques used for their distribution and/or transmission.
The Materials published on the Website can be used under the following conditions:
- the use shall be preceded by a written authorization request to be sent to Legor Group SPA., which will not unreasonably deny said use, as required;
- the Materials shall remain in their original format and, if reproduced, shall always bear the proprietary indications of Legor Group SPA and/or of third parties or relative to the copyright or to the authors;
- the use, for any reason and for any purpose, shall not be for profit;
- the source, author and/or holder of the rights over the Materials and the web address from which they have been taken must be cited;
- the use in any way and for any purpose of Materials represented by legal texts (e.g. information notices, contract conditions, etc.) published on line is forbidden.
All breaches will be prosecuted.
Reproduction and use of the articles and information materials contained in specific sections of the Website shall comply with the provisions of articles 65 and 101 of the law of 22nd April 1941, no. 633 and subsequent amendments and additions, which establish: (art. 65) “topical articles of an economic, political or religious nature, published in magazines or newspapers, or radio-broadcast or made available to the public, and other materials of the same nature can be freely reproduced or communicated to the public in other magazines or newspapers, also by radio and television, if reproduction or utilization has not been expressly restricted, on condition that the source from which they are taken, the date and the name of the author, if given, are indicated”; (art. 101) “the reproduction of information and news is lawful on condition that it is not done via acts contrary to honest journalism practices and provided that the source is cited ".
All rights over the electronic databases provided and consultable on the Website are reserved for Legor Group SPA., which permits the consultation thereof. Unless established otherwise, extraction, reproduction and all other uses are forbidden, within the limits of the provisions of articles 64-quinquies and 64-sexies of the law of 22nd April 1941, no. 633 and subsequent amendments and additions. Pursuant to article 102-ter of the above-mentioned law, the legitimate user of the electronic database made available to the public may not cause harm to the holder of the copyright or any other connected right relative to works or services contained in said database. Furthermore, the legitimate user of a database made available to the public in any way may not carry out operations conflicting with normal management of the database or which cause unjustified harm to the creator of the database.
For any clarification concerning use of the Materials, Contents available on the Website and/or concerning Intellectual and Industrial Property Rights, Legor Group SPA can be contacted at the email address: email@example.com.
The Materials published on the Website have been carefully examined and analysed, and have been drawn up with the utmost care. Nevertheless, errors, inaccuracies and omissions are possible. Legor Group SPA may not be held liable for errors and omissions, with reference to the Materials freely consultable on the Website.
Unless established otherwise, the information contained in the Materials is intended exclusively to provide information and updating and is of a non-limiting nature, neither may it be understood as the expression of an opinion or an indication or pre-condition for the purpose of adopting decisions. Legor Group SPA may not be considered liable for any action or omission on the part of the users following use of the information contained in the Materials without having previously requested Legor Group SPA for specific comment or opinion in said regard.
The user undertakes to meticulously observe the conditions of use of the Contents and Materials made available on the Website and to comply with all the Intellectual and Industrial Property Rights relative to them. It will be answerable on its own account for all unlawful or harmful acts that may be attributed to it, indemnifying Legor Group SPA in the broadest sense if the conduct in breach of the national and/or international laws safeguarding Intellectual and/or Industrial Property – herein deemed to be referred to in full and applicable to all matters not expressly specified – is detrimental to third party rights in general.
6. PROCESSING OF PERSONAL DATA ON THE WEBSITE. INFORMATION NOTICE PURSUANT TO ART. 13 OF THE LEGISLATIVE DECREE OF 30th JUNE 2003 NO. 196 (ITALIAN DATA PROTECTION ACT).
Pursuant to article 13 of the Legislative Decree no. 196 of 30th June 2003, the Italian Data Protection Act, Legor Group SPA communicates that the user data of which it will obtain knowledge in relation to the General Conditions, or on the basis of particular conditions or in any case in the ambit of the data processing resulting from browsing of the Website or in any other way arising from relations with the user, will be processed in compliance with the above-mentioned law and according to principles of correctness, lawfulness, transparency and protection of confidentiality.
Without prejudice to the specific information notices on the purposes and modes of processing of personal data of the users and/or of third parties in general on the basis of the options permitted by the individual services and sections of the Website, this paragraph illustrates in general the protection policy followed by Legor Group SPA in the processing of personal data.
The data provided will be processed for the following purposes:
A) to allow the users to carry out the registration procedures to access particular sections of the Website;
B) to meet specific user requests and for contract purposes;
C) to send advertising/information material after express specific consent of the data subjects.
The data can be periodically updated with information acquired in the course of business and according to the type of relationship established.
Data processing is carried out with the help of manual and electronic instruments and, in any case, in such a way as to guarantee safety and confidentiality of the data.
For the purposes referred to in letters A) and B), the personal data of the users can be communicated for processing, having the same purposes and limited to matters strictly pertaining to the specific relationship between the user and Legor Group SPA, to:
1) employees, collaborators, suppliers, wholesalers, sale outlets, dealers, forwarding agents, other private parties and consultants of Legor Group SPA, who may obtain knowledge of the personal data, in their capacity as data supervisors or persons in charge of processing or necessary contract parties;
2) other third party companies and/or professionals and/or suppliers to whom communication of the data is necessary for purposes connected with, inherent and/or instrumental to establishment and performance of the obligations arising from specific requests of the users and/or contract relations established.
In view of the close and non-eliminable instrumental connection between performance by Legor Group SPA of the activities requested by the user and the purposes listed in the above-mentioned letters A) and B), failure to provide the data for the purposes listed above will make it impossible to establish any type of legal relationship.
Acquisition of the consent of the data subject for the purposes listed under letters A) and B) is not mandatory. In any case, Legor Group SPA recalls below the cases [applicable to the types of processing listed under letters A) and B)] in which it is not necessary to acquire the consent of the data subject pursuant to article 24 of the Italian Data Protection Act:
- when the processing is necessary to fulfil an obligation established by the law, a regulation or EU legislation;
- when it is necessary to perform obligations arising from a contract to which the data subject is a party or to meet, prior to stipulation of the contract, specific requests of the data subject;
- with regard to data from public registers, lists, acts or documents that can be known by anyone, without prejudice to the limits and procedures established by the laws, regulations or EU legislation for obtaining knowledge and publicity of the data;
- with regard to data concerning the performance of economic activities, processed in compliance with the current laws concerning business and industrial secrets;
- excluding dissemination of the data, if necessary to assert or defend a right in court, provided that the data are processed exclusively for said purposes and for the period strictly necessary, in accordance with the current laws concerning business and industrial secrets;
- excluding dissemination of the data, if necessary, in the cases identified by the Data Protection Authority on the basis of the principles established by the law, to pursue a legitimate interest of the data controller or a third party recipient of the data, also with reference to the activity of subsidiary or affiliate companies, if the fundamental rights and freedoms, the dignity or a legitimate interest of the data subject do not prevail.
For the purposes of the preceding letter C) provision of the data is optional and refusal to provide the data does not entail any consequence in terms of relations, precluding only the possibility of carrying out the above-mentioned promotional activities. Consent to processing of personal data is optional and not obligatory for the purpose of carrying out studies, research, market statistics, dispatch of advertising and information material, carrying out direct sales activities or placement of products or services, dispatch of commercial information and provision of interactive commercial communications.
The user who indicates on the Website personal data of third parties expressly declares and acknowledges that it has obtained from the third parties consent for processing said personal data, where required pursuant to the law on protection of personal data, for the above-mentioned purposes, by Legor Group SPA and the third parties indicated in this paragraph and that it has obtained the express consent for sending, by Legor Group SPA, advertising/information material relative to products and/or services that may be of interest to the user when the relative options have been selected in the relevant sections of the website (e.g. registration to receive newsletters). The user further declares that it has supplied to the third parties the information pursuant to art. 13 of the Legislative Decree 196/03 [Italian Data Protection Act] and in particular the possibility of communication of the data for the above-mentioned purposes to Legor Group SPA.
The identification details of the Data Controller are the same as those provided in Paragraph 2 of these General Conditions.
The data will be kept at the headquarters of the Data Controller for the times established by the reference legislation. The data will be collected, processed and kept in full compliance with the provisions of articles 31 and following of the Italian Data Protection Act and the Technical Specifications – Annex B to the Act – concerning security measures.
The data will furthermore be processed in full compliance with the self-regulatory provisions concerning processing of personal data contained in the current Codes of Ethics for the sector.
The Data Controller can be contacted at any time, without formal obligations, or using the form provided by the Data Protection Authority to assert the rights established by article 7 of the Act, which for the sake of convenience is provided in full below:
Legislative Decree no. 196/2003, Art. 7 – Right of access to personal and other data
1. The data subject has the right to obtain confirmation of the existence or otherwise of personal data concerning it, even if not yet registered, and communication thereof in an intelligible form.
2. The data subject has the right to obtain indication:
a) of the origin of the personal data;
b) of the purposes and modes of processing;
c) of the logic applied in the case of processing with the aid of electronic instruments;
d) of the identification details of the data controller, of the supervisors and of the designated representative pursuant to article 5, paragraph 2;
e) of the subjects or categories of subjects to whom the personal data can be communicated or who can obtain knowledge thereof in their capacity as designated representative in the territory of the State, as data supervisors or persons in charge of processing.
3. The data subject has the right to obtain:
a) updating, rectification or, if of interest, integration of the data;
b) cancellation, transformation into an anonymous form or blocking of data processed in breach of the law, including data which does not have to be kept in relation to the purposes for which the data have been collected or subsequently processed;
c) certification that the operations in letters a) and b) have been brought to the knowledge, also as regards content, of those to whom the data have been communicated or disclosed, unless this is impossible or involves a deployment of means manifestly disproportionate to the right safeguarded.
4. The data subject has the right to oppose, wholly or partly:
a) for legitimate reasons, processing of the personal data concerning it, even if pertaining to the purpose of said data collection;
b) processing of personal data concerning it for the purposes of dispatch of advertising or direct sales material or for carrying out market research or commercial communication.
7. MODIFICATIONS, APPLICABLE LAW AND JURISDICTION
Legor Group SPA reserves the right to make changes to the Website, to the General Conditions and to other legal notes wherever published in the Website at any time. When consulting the Website, the User shall always refer to the current version of the General Conditions and of the other legal notes published.
The modifications will become operative at the moment when they are published on the Website. If the user continues to use the Website following a modification, it will be considered as acceptance of said modification.
All the users may verify at any time, by logging onto the Website, the latest version of the terms and conditions of use of the Website, as updated each time by Legor Group SPA.
The General Conditions, the other legal notes published on the Website and the relations between Legor Group SPA and the Website users have been drawn up on the basis of and are regulated by Italian laws. All disputes between Legor Group SPA and the users connected with or in any case relative to use of the Website and/or of the Contents will be referred to Italian jurisdiction and the sole territorial competence of the Court of Vicenza, excluding cases in which – pursuant to the Consumer Code (legislative decree 206/2005) – the court designated by law is that of the consumer and within the limits established:
- by the (EC) Regulation no. 593/2008 of the European Parliament and Council of 17th June 2008 on the law applicable to contract obligations (commonly known as "Rome I" Regulation) which governs identification of the applicable law in the case of conflicts of law concerning civil and commercial contract obligations;
- by the (EC) Regulation no. 864/2007 of the European Parliament and Council of 11th July 2007 on the law applicable to non-contract obligations (commonly known as "Rome II" Regulation) which came into force on 11th January 2009 and governs identification of the applicable law in the case of conflicts of law concerning civil and commercial non-contract obligations;
- by the (EC) Regulation no. 44/2000 of the Council of 22nd December 2000 concerning jurisdictional competence.
If any of the provisions of the General Conditions and/or of the other legal notes published on the Website are judged invalid or inapplicable, the same will be interpreted in such a way as to reflect the common intentions of Legor Group SPA and the users, in accordance with the remaining provisions of the General Conditions and/or of the other legal notes published on the Website.
Failure on the part of Legor Group SPA to exercise the rights and provisions established in the General Conditions and/or in the other legal notes published on the Website does not constitute a waiver thereof unless Legor Group SPA issues an express written declaration to said effect.
Legor Group SPA is pleased to receive from the public information or suggestions relative to the website and/or the Contents.
Users can contact Legor Group SPA at the following email address: firstname.lastname@example.org or write to the above geographical address.
Any suggestion or information obtained by Legor Group SPA as above will be treated as non-confidential information and may be used without limitations.
The user will be deemed liable if the information supplied to Legor Group SPA breaches third party rights.